Refugees – Immigrants

Obligation of states to temporarily provide food, clothing, medical care and housing to refugees at their borders! Interim measures by the ECtHR

INTERIM MEASURES JUDGMENT Amiri and 31 Afghan v. Poland  25.08.2021 (app. no. 41120/21) Ahmed and 40 Iraqi v. Latvia 25.08.2021 (app. no. 41165/21)  see here PROVISION Article 39 PRINCIPAL FACTS The European Court of Human Rights has today decided to indicate interim measures in the cases Amiri and Others v. Poland (application no. 42120/21) and […]

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Detention of a mother, who was seeking asylum, together with her 4-month-old baby in a detention center for 11 days! Conviction for inhuman and degrading treatment!

JUDGMENT M.D. and A.D. v. France 22.07.2021 (app. no.  57035/18) see here SUMMARY Administrative detention of a mother and her four-month-old daughter in the Mesnil-Amelot no. 2 administrative detention centre pending their transfer to Italy, the country responsible for examining their application for asylum. Having regard to the very young age of the child, the […]

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Collective deportation, non-provision of immigrant entry procedures and lack of legal remedy against the deportation decision. Violation of the ECHR

JUDGMENT Shahzad v. Hungary  08.07.2021 (app. no. 12625/17) see here SUMMARY Prohibition of mass deportation of immigrants. Lack of an effective remedy. The applicant, a Pakistani national, attempted to enter Hungary illegally with a group of foreigners. The process of group entry into Hungary was impossible due to the limited size of the transit zone […]

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Refusal of Syrian family reunion with his wife because he did not have a residence permit in Denmark for at least 3 years. Violation of family life

JUDGMENT M.A. v. Denmark 9.7.2021 (app. no. 6697/18) see here SUMMARY Right to family reunification and foreigners. Requirement of residence permit in Denmark for three years before the family reunification of a Syrian with his wife is ordered. The applicant left Syria in January 2015 and sought asylum in Denmark in April of that year, […]

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Order for deportation of refugee after status revoked: Court accepts principle on condition of full and up-to-date prior assessment of actual risk

JUDGMENT Κ.Ι. v. France 15.04.2021 (app. no. 5560/19) see here SUMMARY The case concerned a Russian national of Chechen origin who arrived in France when he was still a minor and obtained refugee status. After being convicted for a terrorism offence and on the grounds that his presence in France represented a serious threat to […]

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Execution of a European arrest warrant and inhuman and degrading treatment!

JUDGMENT Bivolaru and Moldovan v. France 25.03.2021 (app.no. 40324/16 and 12623/17) see here SUMMARY The case concerned the applicants’ surrender by France to the Romanian authorities under European arrest warrants (EAWs) for the purpose of execution of their prison sentences. The case prompted the Court to clarify the conditions for application of the presumption of […]

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Temporary sequestration of housing by the authorities for housing refugees. State responsibility for compensation for damages caused by the refugees! Violation of the right to property

JUDGMENT Dabić v. Croatia 18.03.2021 (app. no. 49001/14) see here SUMMARY Seizure of the applicant’s home by the State and its use for refugee housing, during which the home was damaged and items were stolen. Right to peaceful enjoyment of possessions. The applicant brought an action against the State seeking compensation for the damage caused […]

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